St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-19
Sent to the Traffic Manager of the Min-
nesota & Northwestern Railway
by Judge Cooley,
Explaining the Conditions Under the
Law by Which tho Interstate Com
mission is Governed.
The Canadian Pacific Making Ruinous
Rates from San Francisco to
the Missouri River.
A Boycott to be Made Against the Amer
lean Roads that Furnish 1t
Assistance.


Cooley, of the interstate commerce
commission, in Il letter to j. A. Hanler,
traffic manager of the Minnesota IL
Northwestern railway, who had asked
suspension of the long and short haul
clause in application to certain points
on his line, presents new and important
points as 10 the duties and powers of
the commission under the law, as
follows:
First-lt is obvious that the eases the law
contemplate in which the commission Is
authorized 10 make orders for suspension
are exceptional eases. That is to say, eases
whose facts make them stand apart from
ordinary cases. The act does not define
them. II does not state the grounds that
shall warrant relief, but it plainly intends
That these grounds i'll every case shall lie
special and IecLliar, and that where only
general reasons operate the general law
shall he left TO its ordinary course, however
serious may be the consequences in parIieu-
lar cases and 10 particular roads and in
tereStS.
Sccond-lt is also made plain by the act
that any order for suspension was intended
TO be based upon an investigation which
should satisfy the commission that the case
was in fact exceptional fairly within the i'll
tent of The provision made for relief. The
jurisdiction of the commission 60 make or
ders Is evidently meant to be somewhat
closely restricted. The commission, in its
correspondence and otherwise, is every day
made aware Of the prevalence in some quar-
terS of
\ VAGUE NOTION
that power has been conferred upon it to in
terfere anywhere and for any reasons
satisfactory TO itself in order TO prevent
what il may think likely to be harmful But
you or course indulge no such baseless no
ton. The commission, as you will agree
must find its authority III law and not in its
own idea of right or policy.
Ihlrd-lt must be assumed that congress
intended the general law in its main features
nj least TO lie be Il permanent law for The
country. 1t must therefore have contem-
plated that considerable sacrifices must
necessarily Ee submitted to by some parties
and some interests, while the general law,
Being established for very obvious reasons,
II would be quite impossible to introduce
considerat le changes in The branch of the
law which concerns SO intimately the conf
merce OF the country without serious conSe-
quentes to some private interests. III all such
cases, incidental injuries, however great they
may be, must necessarily be horn for
the general good, and if the legis-
mllire miSjudges as to what the
general coed demands it is to
be expected in due time that il will provide Il
remedy. The first questions to confront the
commission upon its organization were raised
upon app licaiionS for relief fled by railroad
companies under the fourth section Of the
act. Cases in which companies were charg-
ing more for shorter than for longer haul
over the same line in the same direction
were 10 be met with i'll all parts of The coun-
try. The reasons for doing this were thought
by the managers III many eases absolutely
imperative. ard to concern the interest of
the public quite as much as that of the roads
themselves. The interests involved III the
consideration Of The question were very
great, ana the anticipation If serious injury
frem any sudden change was i'll some quar-
tiers quite general. The commission therefore
had
VERY EARNEST APPEALS
made 10 ii in support of corporate aprlicG-
ton for relief frCm boards Of trade and
other public and Semi-public bodies, and
from representatives Of large business in
terestS which feared or prCfessed fear of de-
StruclI0n or bankruptcy. In many cases the
appeals seemed TO lie made III the belief that
the probability Of Injury was Of sufficient
Warrant for The commission to interfere and
sary TO say to you that any such belief with
out legal support of probability, or even GER
tainty, of injury to corporations or indiviG-
Uals will not in fact be made
the ground for relief without giving the
commission such general dispensing power
as would not be consistent with sound prin-
c1ples of government. Congress has not in
timated lis purpose TO give such power If
the law in its general operations were to
prove generally and equally mischievOUs in
all directions The commission, instead Of
having. eita:cr power for that reason, would
on the other hand have no'power of suspen-
that there world then he no exceptional
cases for 1t to act upon You speak strongly
and earnestly Of the reasons for granting
your application, but i'll order to warrant its
being granted it is not enough that
the application if considered by itself
appears To have merits. The cCm-
mission must consider in each ease
What effect The giving CT relief TO one APP
plIcant Will have upon other interests, and
your knowledge Cf railroad matters must en-
able you to perceive that in some sections Of
the country the granting Of one application
may so affect the interests Of other roads as to
CREATE THE NECESSITY
Tor like relief to several more. the satisfac-
ton Of one claim beGetting others equally
meritoriOuS, until if all are satisfied, the eX
ception becomes the rule But when such q
result Is probable, the reasons for declining
TO make any temporary order are very con
elusive. The commission cannot consent
deliberately 10 enter upon u highway where
to all appearance there can be no hitting
place within the limits ef its lawful jtirisdic
ton. If Il general suspension Of the slont
and short haul Clause'' of the statiite is not Il
be made by Il single comprehensive ordel
neither should the same result lie reached ol
approached by granting successive orders il
individual cases. In whatever the commits
sion may do It mist keep in view the preser
VatiOn If the general rule Ii is not our pur
opinion as To what ought to be the final con
clIsicn upon your application. The commits
sion is not yet prepared to give its decision
and the purpose Of this answer 10 yOlIr tela
gram is merely to place before you some O
the reasons which up to this time. have pre-
cluded definite action. That injury result
to parties interested in your road, or To- an,
other road. is sincerely regretted, and you
belief that such is the case VIII be kept n
mind as n reason for action as prompt as uil
DIR The circumstances shall seem -c0ifSisteir
with duty. In these views the whole com
mission coEcurs. Very respectfully .yonrs,